U.S. Grant saved George Pickett's neck

[LincolnMan]

James O. Hall wrote about it in an article entitled "Atonement" in the August 1980 Civil War Times. Major General George Pickett was responsible for a mass hanging in February 1864. The condemned were 22 North Carolina men who had deserted Confederate service and joined the Union army. They were captured at Kinston, North Carolina. It was there that they were tried for desertion and hanged. Fast forward to June 1865- Pickett applied to President Johnson for a pardon. Both Secretary of War Stanton and Judge Advocate Holt opposed the pardon. Instead, they wanted to try Pickett for a war crime (the mass hanging). Pickett didn't leave himself solely at their mercy. He wrote a letter to Lieutenant General U.S. Grant in March 1866. He asked Grant for the pardon. Grant turned the letter over and wrote the following:

"During the rebellion belligerent rights were acknowledged to the enemies of our country, and it is clear to me that the parole given by the armies laying down their arms protects them against punishment for acts lawful for any other belligerents. In this case I know it is claimed that the men tried and convicted for the crime of desertion were Union men from North Carolina, who had found refuge within our lines and in our service. The punishment was a harsh one, but it was in time of war, and when the enemy no doubt felt it necessary to retain by some power the services of every man within their reach. General Pickett I know personally to be an honorable man, but in this case his judgment prompted him to do what cannot be sustained, though I do not see how good, either to friends of the deceased or by fixing an example for the future, can be secured by his trial now. It would truly open up the question whether or not the Government did not disregard its contract entered into secure the surrender of an armed enemy."

The issue then made it to the desk of President Johnson. The movement to try Pickett as a war criminal died. Grant's endorsement saved Pickett's neck. Author Hall comments that it might have turned out otherwise as "Secretary Stanton and General Hall were not very forgiving men."

Interesting story! I think Grant carried on the spirit of Lincoln who wanted to reunite the opposing sides with as little as that kind of punishment as possible. Grant was able to save Pickett on a technicality. Did Pickett actually commit a war crime? Do you agree with Grant's decision?

[BettyO]

James O. Hall wrote about it in an article entitled "Atonement" in the August 1980 Civil War Times. Major General George Pickett was responsible for a mass hanging in February 1864. The condemned were 22 North Carolina men who had deserted Confederate service and joined the Union army. They were captured at Kinston, North Carolina. It was there that they were tried for desertion and hanged. Fast forward to June 1865- Pickett applied to President Johnson for a pardon. Both Secretary of War Stanton and Judge Advocate Holt opposed the pardon. Instead, they wanted to try Pickett for a war crime (the mass hanging). Pickett didn't leave himself solely at their mercy. He wrote a letter to Lieutenant General U.S. Grant in March 1866. He asked Grant for the pardon. Grant turned the letter over and wrote the following:

"During the rebellion belligerent rights were acknowledged to the enemies of our country, and it is clear to me that the parole given by the armies laying down their arms protects them against punishment for acts lawful for any other belligerents. In this case I know it is claimed that the men tried and convicted for the crime of desertion were Union men from North Carolina, who had found refuge within our lines and in our service. The punishment was a harsh one, but it was in time of war, and when the enemy no doubt felt it necessary to retain by some power the services of every man within their reach. General Pickett I know personally to be an honorable man, but in this case his judgment prompted him to do what cannot be sustained, though I do not see how good, either to friends of the deceased or by fixing an example for the future, can be secured by his trial now. It would truly open up the question whether or not the Government did not disregard its contract entered into secure the surrender of an armed enemy."

The issue then made it to the desk of President Johnson. The movement to try Pickett as a war criminal died. Grant's endorsement saved Pickett's neck. Author Hall comments that it might have turned out otherwise as "Secretary Stanton and General Hall were not very forgiving men."

Interesting story! I think Grant carried on the spirit of Lincoln who wanted to reunite the opposing sides with as little as that kind of punishment as possible. Grant was able to save Pickett on a technicality. Did Pickett actually commit a war crime? Do you agree with Grant's decision?

One wonders about this -- is any such act in wartime a crime? War in itself is a crime, in my opinion. Yes, hanging 22 men is deplorably tragic - but these had been his own men. Desertion? Sounds to me like they would have been considered guilty of treason. Weren't the conspirators also considered treasonous? The US Constitution states that any act of treason is punishable by death - that rule still holds. I am not up on the legal aspects of the Confederate Constitution but did find this regarding treason in the preambles of the Confederate Constitution:

Section 3 - Treason

1. Treason against the Confederate States shall consist only in levying war against.them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attained.

[Gene C]

Both Grant and Pickett were West Point men, and had known each other before the war. Holt's background was a lawyer. Grant and Pickett had more battlefield experience and had to make decisions, or follow orders that led to the death of many young men on the battlefield. I think Grant had a better understanding of why Pickett (right or wrong) made the poor decison that he did, and understood the pressure on battlefield commanders and soldiers (especially in a civil war). If Pickett were prosecuted, where would it stop?

IMO, Grant was able to see better the consequences of prosecuting Pickett than Holt or Stanton. For Grant, the war was over and it was time to heal. For Santon and Holt, (both laywers who did not command in battle) the war was over and it was time to punish.

[LincolnMan]

Gene: I agree. Lincoln, unlike some of the Radical Republicans, waned the nation to begin healing as quickly as possible. To punish certain individuals of the Confederacy would have caused deeper division. Grant was carrying on with a like-mindset. Plus, as you say, he was a soldier and knew the challenges of command and military service. Notice in his statement that he didn't agree with Pickett's action-but he also didn't think a trial was the answer to it. The conditions of "laying down the arms" pretty much forbade any such action afterward. Its an interesting situation. Fortunately for Pickett, Grant had more than enough clout to carry the day.

[HerbS]

Bill,Do think"Pickett's Charge"was always in the back of his mind forever and that had ill effects on his leadership?

[LincolnMan]

Good morning Herb. Well, if you're asking did "Pickett's Charge" have an impact on his decision in this matter of the mass hanging- my opinion is "no." I believe in this particular matter General Pickett acted according to how he understood his duty within the laws of Confederate military justice. What do other think? Herb, its a great question.

[Gene C]

That's a tough one if you are one of Pickett's troops. Do you let the Fed's slaughter you like fish in a barrel on suicide attacks that has no chance of working, or risk hanging or fiing squad if you desert what looks like a hopeless cause? A the same time, Pickett has to try to reduce the rate of desertion and maintain discipline in a army that is quickly shrinking. From what I recall, Pickett's relationship with Lee was never the same after Gettysburg. That can't help the problem. A no win situation for all involved.

[Bill Richter]

One needs to go back to the Mexican War and the attack on Chapultepec led by James Longstreet who was wounded and George Pickett who raised the first American flag there when the hill was taken

Down in the valley below were the American Irish deserters who had joined the Mexican Army and fought fiercely at Churubusco at the convent there before their capture by Scott's army. They were tried for treason and several sentenced to death for treason. The deserters were stood in the back of 2 wheeled carts facing the American attack and as Pickett's flag fluttered out, Gen W A Harney ordered the oxen whipped up and all the deserters were hanged in unison, facing the American victory.

Both Pickett and Longstreet (who had been carrying the flag before being wounded) knew what that flag at the top of the hill meant, as did the whole army, including a certain on-looker named Capt Sam Grant. Pickett did the same thing that any soldier in a similar position would do--he executed deserters.

Only Lincoln pardoned such men and Grant did his best to keep Lincoln from learning of such executions as Grant feared it would harm discipline to stop them. It took iron discipline to march shoulder to shoulder with no cover at an enemy in those days and any slacker was punished with death accordingly. Die facing the enemy or at the end of a rope. War is hell! Rank has many privileges and even more horrible responsibilities.

[Rob Wick]

I have to say that I agree with Bill here. As bad as it sounds, an army without discipline is nothing more than a disorganized mob that not only could cost you the battle (and even the war), but could also get a bunch of people killed unnecessarily. About the only thing a commanding officer at that time had in terms of maintaining discipline was the ultimate punishment. People going into combat are rightfully scared and no person in his right mind would do so without the knowledge that one would have to pay that ultimate price. Much of the reason soldiers were willing to do it came down to two things, i.e. the fear of letting their fellow soldier down (and the fear they would let you down) and the fact that desertion could get you hung.

Bill is also right that Grant, as a regular army officer, was well aware of what was required to maintain that discipline.

As an aside, I've always wondered what the ratio of soldiers pardoned by Lincoln was before Willie died and after, and if Willie's death could have caused Lincoln to become more magnanimous.

Best
Rob

[HerbS]

Bill and Rob, I tend to agree with both of you about Pickett's and Lincon's "mind-set".Pickett's charge and both Eddie's and Willie's death probably made Lincoln very empathetic.As Bill Richter said,"War is Hell"! Grant was a West Point Solider through and through!

[LincolnMan]

Bill: love your Mexican War story! So many of those who served in the Civil War were Mexican War veterans. Sometimes I think the Mexican War is the true "forgotten war."

[HerbS]

Bill,I agree with you about the Mexican War being the true "forgetten war".However,we can't say that too loudly around a Korean"conflict"vet.

[LincolnMan]

Herb: good morning. Yup, I was aware of that for sure!

[LincolnMan]

According to Wikipedia, George Pickett was fully pardoned June 23, 1874 via the U.S. Congress passing House Resolution 3086 (which Grant supported). He died at age fifty 13 months later. The pardon didn't pertain to the "hanging incident" but to his being a Confederate officer.

[LincolnMan]

For those interested,the latest issue of Civil War Times informs that the U.S. Grant Presidential Library has found a new home at Mississippi State University in Starkville, Mississippi. The collection was formerly under the care of John Simon at Southern Illinois University. Mr. Simon passed away a few years ago.